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(영문) 광주지방법원 목포지원 2016.05.13 2015고단1417

특정범죄가중처벌등에관한법률위반(도주차량)등

Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving CK5 cars.

The Defendant, at around 02:40 on July 21, 2015, driven the above car and, at around 02:0, 111 roads in front of the apartment 111-lane in front of the apartment of the Rool Rock in front of the Doropian in front of the Doropian in front of the Doropian in front of the Doropian in front of the Doropian in front of the Doropian in front of the Doropian in front of the two-lane in the lower end of the Dorop to the lower end of the Dorop in front of the Dorop in front of the Doropian in front of the victim D (40 years old) running along the two-lane in the same direction from the front side of the Dorop to the lower end gate in front of the Dorop.

Ultimately, the Defendant, due to the above occupational negligence, sustained injury to the victim, such as salt, tension, etc. in need of medical treatment for about two weeks, and at the same time, escaped without immediately stopping a vehicle to cause about KRW 1,518,258 for repair cost, and without taking necessary measures, such as providing relief to the victim.

Summary of Evidence

1. Statement of the defendant in the second public trial records;

1. Statement made by the police against D;

1. Medical certificate (D);

1. Application of written estimates (E) Acts and subordinate statutes;

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, Articles 148 and 54 (1) of the Road Traffic Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act, such as the observation of protection, order to attend lectures and order to provide community service;

1. [Determination of type] Type 1 of escape after traffic accident;

2. [Determination of the territory of recommendations] Basic territory

3. [Scope of punishment subject to recommendation] Imprisonment for eight months to one year and six months;

4.[general sentencing factors] - mitigated factors: Subscription to the comprehensive motor vehicle insurance or no record of criminal punishment;

5.(whether suspended) - positive.